Family of Boy Killed by Truck Agrees to $2 Million Settlement
By Daniel Hawn
Published on November 10, 2006
According to the family's lawsuit, on the morning of Aug. 26, 2004, Cantrell Deon Dewayne Ellis was riding his bicycle from his home in Fresno, California, to Fancher Creek Elementary School.
Brian Silveira, then 28, was driving a tractor-trailer carrying dry wall intended for the housing development where Cantrell lived. He did not see the little boy on his bike as he rode behind the truck. When Silveira backed up, he struck Cantrell and dragged him approximately 15 feet. Cantrell died at the scene from his injuries.
According to Warren Paboojian, the attorney for Cantrell's family, Silveira had alcohol in his system at the time of the accident, and he failed to ask his passenger to see if anyone was behind him before he backed up.
Lowell Carruth, the attorney who represented Silveira and his employer, said the 0.01% blood-alcohol content found in Silveira's system just hours after the incident could have resulted from fermented food in his body.
The two sides agreed to the settlement one day before jury selection for the case was scheduled to begin.
In September, Silveira pleaded no contest to misdemeanor vehicular manslaughter and was given three years probation and 90 days community service.
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